Statement on H.R. 4850, the District of Columbia Appropriations Act, 2005

Today, I have signed into law H.R. 4850, the "District of Columbia
Appropriations Act, 2005." The bill appropriates funds for the
Government of the District of Columbia and other activities chargeable
against the revenues of the District.

The provision of the Act relating to the Federal payment to the
office of the District's Chief Financial Officer makes funds available
for the projects and in the amounts specified in the statement of
managers accompanying the conference report on the Act. While the
specifications of projects and amounts in the statement of managers
cannot satisfy the constitutional require-ments of bicameral approval
and presentment to the President needed to give them the force of law,
the executive branch shall treat the specifications in a manner
reflecting the comity between the executive and legislative branches on
such matters.

Section 309 of the Act purports to require the use of particular
revenue estimates in the budget request for fiscal year 2006. The
executive branch shall construe section 309 in a manner consistent with
the President's constitutional authority to recommend for congressional
consideration such measures, including requests for appropriations, as
he judges necessary and expedient.

Section 331(5) of the Act purports to require congressional
committee approval prior to obligation or expenditure of appro-priated
funds. The executive branch shall construe this provision to require
only prior notification to the congressional committees, as any other
construction would be contrary to the constitutional principles set
forth by the Supreme Court of the United States in 1983 in INS v.
Chadha.